Despite its evidence of ongoing performance issues, an employer has failed to prove it didn't sack an employee for frequently taking unplanned personal leave.
When an employer reduced the wages of men in its workforce by $10k to bring their pay into line with women's, it effectively dismissed them, the Fair Work Commission has ruled.
An absent employee did not abandon his employment, the Fair Work Commission has found, but rather his employer showed a "troubling and inexcusable disinterest" in his welfare prior to sacking him.
An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.
In a general protections case that identified 188 workplace complaints or enquiries, an employee failed to specify which "particular" prohibited reasons led to his termination, the Federal Circuit Court has found.
A recent general protections dismissal claim highlights a need for legislative change in this problematic jurisdiction, according to a workplace lawyer.
"Greatly exaggerated" reimbursement claims weren't simply an "innocent error", but rather part of an employee's sophisticated process to derive a financial benefit he wasn't entitled to, the Federal Circuit Court has found.
An employer held an "unshakable" belief that an employee had engaged in misconduct, but it wasn't supported by evidence, the Fair Work Commission has found in unfair dismissal proceedings.
